Spinner v. Nutt

This is an appeal from a judgment dismissing the plaintiffs’ first amended complaint for failure to state a claim on which relief can be granted pursuant to Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974). We granted the plaintiffs’ application for direct appellate review and now affirm.

We review the allegations as set forth in the complaint mindful that, “ ‘[i]n testing the correctness of a judgment dismissing a complaint for failure to state a claim on which relief can be granted, we accept as true all of the allegations of the complaint and all reasonable inferences which may be drawn…